CHAPTER 221
HB 649 – FINAL VERSION
27Mar2007… 0835h
05/31/07 1775s
2007 SESSION
06/10
HOUSE BILL 649
AN ACT relative to the disposition of real estate given, devised, or bequeathed to a town for charitable or community purposes.
COMMITTEE: Municipal and County Government
This bill requires a municipality to hold a public hearing prior to any court proceeding concerning the disposition of land given to the town for charitable purposes.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0835h
05/31/07 1775s
07-0042
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the disposition of real estate given, devised, or bequeathed to a town for charitable or community purposes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
221:1 Cy Pres Doctrine. Amend RSA 498:4-a to read as follows:
498:4-a Cy Pres Doctrine.
I. If property is or has been given in trust to be applied to a charitable purpose, and said purpose or its application is or becomes impossible or impracticable or illegal or obsolete or ineffective or prejudicial to the public interest to carry out, the trust will not fail. Upon petition by the trustee or trustees or the attorney general, the superior court may direct the application of the property to some charitable purpose which is useful to the community, and which charitable purpose fulfills as nearly as possible the general charitable intent of the settlor or testator. In applying the doctrine of cy pres, the court may order the distribution of the trust assets to another charitable trust or to a charitable corporation to be held and administered by it in accordance with the terms of the governing instrument as said terms may be modified by the application of cy pres under this section and RSA 498:4-b.
II. Prior to any court proceeding under this chapter on the intent to offer for sale or change the use of any land, buildings, or both, given, devised, or bequeathed to the town for charitable purposes, the municipality shall hold at least one public hearing with no less than 14 days notice.
221:2 Change in Use of Bequeathed Land. Amend RSA 41:14-a, II(c) to read as follows:
(c) Any real estate that has been given, devised, or bequeathed to the town for charitable or community purposes except as provided in RSA 498:4-a.
221:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 25, 2007
Effective: August 24, 2007